General Data Protection Regulation (GDPR) Sav aviour CACHIA IA - Commissione ner Office of the Information and Data Protection Commissioner
Regulation (EU) 2016/679 ... on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, repealing Directive 95/46/EC. www.idpc.org.mt 1
Current DP Legal Instruments National Law EU DP Legal Framework - Data Protection Act - Directive 95/46 (Cap. 440) (DP Directive) - S.L. 440.01 - Directive 2002/58 (Electronic Comms.) (e-Privacy Directive) - S.L. 440.06 - Council Decisions (Police and Judicial (Police and Judicial co-operation) co-operation) - Other S.L. Council of Europe - Ratified 28 Feb. 2003 - Convention 108 - S.L. 440.05 Police - Rec. 87/15 Police Sector 2 www.idpc.org.mt
Reasons for Change Rapid technological developments Globalisation – increase in e-Commerce Rebalancing of rights in a digital world More Accountability Stronger enforcement for more effective protection Consistency and harmonisation across the EU Provide legal certainty for economic operators EU’s Digital Agenda – rebalancing of rights www.idpc.org.mt 3
Future DP Legal Instruments EU DP Reform Package National Law - General DP Regulation - General DP Regulation (Reg. EC 2016/679) (Reg. EC 2016/679) - DPA & S.L. - S.L. Transposing - Police Directive Police Directive (EC 2016/680) Supplemented by: Supplemented by: -e-Privacy Regulation - e-Privacy Regulation - CoE 108 to be ratified - CoE 108 Modernised 4 www.idpc.org.mt
What is DP? CREATING THE RIGHT BALANCE BETWEEN Individuals / Clients Business/Government Organisations Employees Employers NEED FOR DATA RIGHTS OF DATA PROCESSING SUBJECTS www.idpc.org.mt 5
Basic DP Compliance Identify legal basis - legal obligation, contract, legitimate interest Observe requirements for processing - purpose & storage limitation, safeguards, data minimisation Ensure data subjects rights - Information prior to processing (DP Policies) - Subject Access Requests – copies of data - Request for rectification or blocking or deletion Controller – Processor governed by a contract - Controller remains responsible - Liability clauses in case of data breaches Transborder data flows www.idpc.org.mt 6
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Data Retention Considerations Legal obligations: e.g. Income Tax Management Act Value Added Tax Act Social Security Act Business and Administrative requirements: e.g. Marketing Billing and accounting Customer Care and after sales service Fix reasonable periods which can be justified with IDPC when required. Data Subject to be informed of Retention Period at collection stage! www.idpc.org.mt 8
Powers of the Commissioner Investigative powers - enter and search any premises and access to all information; Corrective powers - warnings and reprimands; rectification or erasure; ban processing; - administrative fines [effective, proportionate and dissuasive – up to € 20 M]; Authorisation and advisory powers - processing subject to prior checking; codes of conduct; certification bodies; - advise the Parliament, Government and the general public; Engage in legal proceedings - Data Protection Appeals Tribunal; Court of Appeal - aggrieved from a decision; - may institute proceedings in a Court of law against any person. www.idpc.org.mt 9
Organisational Challenges - Identify current/new processing operations and map to a legal basis - Increase awareness top – bottom approach - Strengthen Data Protection Structures - DPO (if applicable) needs to operate in accordance with GDPR - Introduce DP by Design in systems - Carry out DP Impact Assessments for processing operations - Determine retention periods - Prepare to give “copy” of data to data subjects when requested - Prepare for dealing with data breaches www.idpc.org.mt 10
Final Key Messages Continuity and change is of utmost importance Compliance with current DP regime is a very good start Organisations must identify what is new and different for them IDPC is there to help and guide as necessary IDPC is also there to Regulate www.idpc.org.mt 11
Ready – Steady - Go! www.idpc.org.mt 12
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